Column: Rollingwood eyes nonconforming structure, setback issues

Rollingwood officials continue to take a close look at how to address issues relating to nonconforming structures and setbacks. FILE PHOTO

Our hearts go out to our fellow Texans who were ravaged by Hurricane Harvey. Many of us have family and friends who have suffered losses. Please keep those afflicted by the storm in your thoughts and prayers. Thank you Rollingwood families for stepping up to the plate in a big way and making donations of money, food, diapers, blankets and more.

Also, we must thank our police and public works departments for doing a good job in preparing our city for the storm. Fortunately, we did not sustain any major damage. Some residents were without electricity for two to three days, and we will be meeting with Austin Energy to discuss action that might be taken to reduce storm-related outages in the future.

We are nearing the end of our work on next year’s budget. As of Sept. 10, included in the proposed budget is funding for cross culvert improvements at Nixon and Pleasant drives, a new valley gutter at Park Hills and Hatley drives and additional work on the curb and valley gutter at Nixon and Hatley drives. Funding in the amount of $300,000 is proposed to renovate, at a minimum, the Police Department at City Hall which is cramped, prone to flooding and lacks central air and heat. Another proposed item is $25,000 for a capital improvements plan to explore the feasibility and expenses of implementation and operation of a regional drainage system in Rollingwood. Also, due to a significant deficit in the water fund, funding for a water rate study to reset the water rates is included. Your last opportunity for public comment on the proposed tax rate of just under the rollback rate of 8 percent is Sept. 20. Please make your opinions known.

The Park Commission has worked on a proposed master park plan, but has reached the point where it wishes to have a professional finish the work and prepare a finalized formal plan that will serve as the basis for seeking grant funding for future improvements. The Rollingwood Community Development Corp. voted to provide $18,000 in funding toward this effort. The RCDC also voted to fund up to $25,000 for a new swingset in lower Rollingwood Park.

The city council and planning and zoning commission continue to consider two issues: the circumstances, if any, under which a nonconforming structure may continue after redevelopment; and whether above-ground or below-ground water storage tanks may be located within the setbacks. Some nonconforming homes have portions of their preexisting structure encroaching into the setbacks because they were built before our current setbacks were established, and the question presented is whether the encroachment may continue in a remodeled or reconstructed home. Both issues require an answer to the question of whether we wish to allow structures in our setbacks.

Some residents do not want to allow anything to be built in our setbacks other than fences — as one resident put it, “Our setbacks are sacred.” Others believe that there are circumstances under which more structures should be allowed. Before looking at some of the arguments being made on both sides, let’s start with a brief history for context. Until 2005, all homes in Rollingwood were on septic systems that required a drain field which, in turn, required more undeveloped green space on each lot to accommodate both setbacks and septic drain fields. In 2005, Rollingwood went on a central sewer system so the large septic drain fields were no longer needed. This has resulted in the construction of bigger homes because more space on each property is buildable. Also, when redeveloping, some homeowners wish to retain the square footage in an older nonconforming structure that encroaches into the setback space to have more flexibility in the design and size of the reconstructed or remodeled home. Those designing homes that essentially stretch from setback line to setback line sometimes desire to locate water storage tanks within the setbacks rather than reduce the size of the house to accommodate the storage tanks outside of the setback lines. Because the average size of home being built now — 5,787 square feet in the past two years — is significantly larger than in the past, the issue of what may be placed within setbacks has become more pressing.

Some of the arguments for not allowing any structures in the setbacks focus on the aesthetics of our neighborhood, which drew people to live here in the first place. Many desire to preserve the vision of Rollingwood as tree covered with spacious green yards and parks. Some believe that to maintain this vision, at a bare minimum, we should not allow structures of any kind within the setbacks unless there is a compelling reason or unnecessary hardship presented. They want to require that an exception or a variance be sought before allowing structures inside setbacks. They argue that the vast majority of lots in Rollingwood have more than enough space to build a substantial home without using the setbacks. Also, trees add significant value to our properties by adding beauty, visual interest and shade. Allowing structures in setbacks means less space for our trees to thrive and may negatively impact the trees on neighboring properties. The concern also has been raised that we need to keep our setbacks clear because after a regional drainage plan is prepared to address citywide drainage problems, drainage facilities may be recommended on certain properties and the only place to put them may be in the setbacks. Lastly, citizens have expressed worry over a slippery slope, i.e., if we allow storage tanks now, what will be requested in the setbacks next?

Arguments in favor of allowing structures in setbacks rely on the basic rights that come with homeownership to possess and use one’s property as seen fit. If a homeowner is remodeling a home and has a small portion of the home encroaching in the setback, then it may detract from the home’s architectural appeal or be too expensive to both eliminate the encroaching portion and remodel. Others dislike the looks of water collection tanks and would prefer them located underground in the setbacks. Please share with the city your thoughts on whether we should allow structures within our setbacks and, if so, under what circumstances.

Finally please join me in warmly welcoming the three city council members who will be sworn in Nov. 15. Both Michael Dyson and Bobby Dillard will begin their second terms, and Wendi Hundley will begin her first term.